Workers with Family Responsibilities Convention, 1981 (No. 156) - San Marino (Ratification: 1988)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2 of the Convention. Branches of economic activity and categories of workers. Scope. Legislation. The Committee recalls that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave. The Committee notes the Government’s indication in its report that a major legal reform concerning the labour market is ongoing and, in this context, the issue of domestic workers and “caregivers” will be addressed. The Committee asks the Government to provide information on the results of the labour law reform with regard to the extension of the protection of the Convention to all categories of workers and all branches of economic activity. It also asks the Government to specify how it is ensured that, pending the legal reform, domestic workers enjoy the right to maternity and parental leave.

Article 4(b). Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. Leave. The Committee notes from the information provided by the Government that in 2020 and in 2021 only a small number of men (26 and 25 respectively) made use of parental leave. The Government reports that, according to the organizations of workers, cultural reasons explain why mainly women resort to the measures introduced to help reconcile professional and family life. The Committee notes the adoption on 14 September 2022 of Law No. 129 regulating “interventions in support of family”. The Committee notes with interest that Law No. 129 of 2022: (1) introduces paternity leave (fully paid leave for a maximum of 10 days within the first five months of life of the child); (2) provides for the father’s right to take 2-month unpaid leave during the first three years of life of the child or a leave of the same duration with 20 per cent of the remuneration if none of the parents made use of the full parental leave during first 18 months of life of the child; and (3) increases from 30 to 40 per cent of the remuneration the amount to be paid to the worker who take parental leave within the child’s first year of life. The Committee asks the Government to provide information on the measures taken to raise awareness of the measures introduced by Law No. 129 of 2022 and to promote the uptake of paternity and parental leave by fathers with a view to a more equitable sharing of family responsibilities between men and women. It also asks the Government to continue to provide information, disaggregated by sex, on the number of workers who make use of the leave entitlements both in the public and private sectors.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes the Government’s indication that the Equal Opportunity Commission and the local authorities undertake initiatives to inform about, promote and support equality of treatment and opportunity for men and women with family responsibilities. The Committee asks the Government to provide specific information on the steps taken in this regard by the Equal Opportunity Commission and the local authorities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. The Committee notes the Government’s indication that information specifically concerning participants with family responsibilities in training to integrate the labour market are not available. The Committee also notes the Government’s reference to Decree No. 79/2022 on “interventions for employment, training and active policies of the world of work” which provides for incentives aimed at job reintegration and professional reconversion; post-partum part-time arrangements; and reconciliation of professional and family life, among other things. The Committee welcomes in particular that section 8 of the Decree provides for a “relief from social security contributions” (sgravio contributivo) of 80 per cent in case of part-time recruitment under a permanent contract of jobseekers who have been unemployed for at least two months, who do not have another part-time job and who are either parents of a child attending kindergarten or primary school or are caretakers of a dependent family member. The Committee asks the Government to provide information on the measures taken under Decree No. 79/2022 to support men and women workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities, including any specific training offer tailored to them, and their impact on the employment of workers with family responsibilities.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Special measures to address the impact COVID-19. In its detailed report, the Government indicates that in the context of the Covid-19 pandemic, it has enacted Decree-Law No. 96 of 31 May 2020 to introduce remote work in the Public Administration, including in the sector of socio-educational services. A new draft law will also be presented by 31 December 2020 to regulate remote work in a comprehensive manner.

Article 2. Branches of economic activity and categories of workers. Previously, the committee noted that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave. It asked the Government to provide information on the manner in which the principle of the Convention applies to this category of workers. The Committee notes the Government’s indication in its report that work is in progress to enact legislation regulating “caregivers”, which would include domestic workers. Recalling that the Convention applies to all branches of economic activity and all categories of workers, the Committee asks the Government to provide information on the progress made in the adoption of a legislation covering caregivers, including domestic workers and, in the meantime, to indicate how it is ensured that this category of workers, mainly women, enjoy the protection of the Convention.

Article 4(b). Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. The Committee recalls that Act No. 137 of 2003 has amended Act No. 111 of 1994 (Maternity Leave/Family Supports), to extend the period of leave to which female employees are entitled following the expiration of the compulsory maternity leave. Women workers can request a period of leave up to 16 months during the first 18 months of the child’s life. They are entitled to receive 30 per cent of their net daily remuneration during the first year while for the remaining six months they have the right to 20 per cent of their remuneration in case the child does not benefit from childcare services. Moreover, both female and male employees may reduce their working day by two hours for a period of ten months while continuing to receive full pay. The Government refers to Act No. 43 of 31 March 2014 that provides for parental leave in case of child illness, as well as maternity and paternity leave, and the possibility of part-time work in cases of adoption. According to the Government, in 2018: 229 workers, including 142 women and 87 men changed their terms of employment from full-time to part-time during the first three years of their child’s life in application of Act No. 112 of 1994, whereas, in 2019, the number reached 227 workers, with 170 women and 57 men. The Government also indicates that parental leave is used almost entirely by women, except in cases where traumatic events occur due to childbirth or the health condition of the mother. This is mainly due to cultural factors that tend to perceive the mother as the first caregiver and the father as the breadwinner. Noting that, even where policies allow sharing of parental leave, in practice mothers still take the majority of this period, the Committee encourages the Government to continue to take measures to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities between men and women. The Committee asks the Government to provide statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements under the relevant provisions of Act No. 137 of 2003 Maternity Leave/Family Supports, both in the public and private sectors.

Article 5. Promotion of community services. The Committee notes the Government’s indication that seven public and five private nurseries exist in the country. According to the Government, to date, these structures, considering the birth rate, satisfy the requests of families and workers with family responsibilities. The Committee takes due note of this information.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes an absence of information on this point. The Committee requests once again the Government to indicate the measures taken to promote public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. In response to its request for information on the measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities, the Government reports that, in the private sector, 36 workers (3 males and 33 females), attended foreign language courses in 2018, and 93 workers (6 males and 87 females) in 2019. The Committee requests the Government: (i) to provide detailed information on the different type of training offered to men and women workers with family responsibilities (in particular those who are at a particular disadvantage when endeavouring to obtain and maintain a job); as well as (ii) to indicate the manner in which measures already implemented have enabled workers with family responsibilities to become and remain integrated in the labour force. Please provide statistical data disaggregated by sex on the number of workers with family responsibilities who have benefited from employment services and active labour market measures.

General observation. The Committee draws the attention of the Government to its general observation adopted in 2019, recalling the relevance, importance and practical usefulness of the principles laid down in the Convention, and its accompanying Recommendation (No. 165), whose aim is to ensure that all workers with family responsibilities – women as well as men – are not disadvantaged in relation to other workers and, in particular, that women with family responsibilities are not disadvantaged in comparison to men with family responsibilities. Recalling the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stressing the importance of the Convention in achieving this goal, the Committee called for member States, and employers’ and workers’ organizations, to strengthen efforts towards specific goals.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Special measures to address the impact COVID-19. In its detailed report, the Government indicates that in the context of the Covid-19 pandemic, it has enacted Decree-Law No. 96 of 31 May 2020 to introduce remote work in the Public Administration, including in the sector of socio-educational services. A new draft law will also be presented by 31 December 2020 to regulate remote work in a comprehensive manner.

Article 2. Branches of economic activity and categories of workers. Previously, the committee noted that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave. It asked the Government to provide information on the manner in which the principle of the Convention applies to this category of workers. The Committee notes the Government’s indication in its report that work is in progress to enact legislation regulating “caregivers”, which would include domestic workers. Recalling that the Convention applies to all branches of economic activity and all categories of workers, the Committee asks the Government to provide information on the progress made in the adoption of a legislation covering caregivers, including domestic workers and, in the meantime, to indicate how it is ensured that this category of workers, mainly women, enjoy the protection of the Convention.

Article 4(b). Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. The Committee recalls that Act No. 137 of 2003 has amended Act No. 111 of 1994 (Maternity Leave/Family Supports), to extend the period of leave to which female employees are entitled following the expiration of the compulsory maternity leave. Women workers can request a period of leave up to 16 months during the first 18 months of the child’s life. They are entitled to receive 30 per cent of their net daily remuneration during the first year while for the remaining six months they have the right to 20 per cent of their remuneration in case the child does not benefit from childcare services. Moreover, both female and male employees may reduce their working day by two hours for a period of ten months while continuing to receive full pay. The Government refers to Act No. 43 of 31 March 2014 that provides for parental leave in case of child illness, as well as maternity and paternity leave, and the possibility of part-time work in cases of adoption. According to the Government, in 2018: 229 workers, including 142 women and 87 men changed their terms of employment from full-time to part-time during the first three years of their child’s life in application of Act No. 112 of 1994, whereas, in 2019, the number reached 227 workers, with 170 women and 57 men. The Government also indicates that parental leave is used almost entirely by women, except in cases where traumatic events occur due to childbirth or the health condition of the mother. This is mainly due to cultural factors that tend to perceive the mother as the first caregiver and the father as the breadwinner. Noting that, even where policies allow sharing of parental leave, in practice mothers still take the majority of this period, the Committee encourages the Government to continue to take measures to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities between men and women. The Committee asks the Government to provide statistical information, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements under the relevant provisions of Act No. 137 of 2003 Maternity Leave/Family Supports, both in the public and private sectors.

Article 5. Promotion of community services. The Committee notes the Government’s indication that seven public and five private nurseries exist in the country. According to the Government, to date, these structures, considering the birth rate, satisfy the requests of families and workers with family responsibilities. The Committee takes due note of this information.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes an absence of information on this point. The Committee requests once again the Government to indicate the measures taken to promote public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. In response to its request for information on the measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities, the Government reports that, in the private sector, 36 workers (3 males and 33 females), attended foreign language courses in 2018, and 93 workers (6 males and 87 females) in 2019. The Committee requests the Government: (i) to provide detailed information on the different type of training offered to men and women workers with family responsibilities (in particular those who are at a particular disadvantage when endeavouring to obtain and maintain a job); as well as (ii) to indicate the manner in which measures already implemented have enabled workers with family responsibilities to become and remain integrated in the labour force. Please provide statistical data disaggregated by sex on the number of workers with family responsibilities who have benefited from employment services and active labour market measures.

General observation. The Committee draws the attention of the Government to its general observation adopted in 2019, recalling the relevance, importance and practical usefulness of the principles laid down in the Convention, and its accompanying Recommendation (No. 165), whose aim is to ensure that all workers with family responsibilities – women as well as men – are not disadvantaged in relation to other workers and, in particular, that women with family responsibilities are not disadvantaged in comparison to men with family responsibilities. Recalling the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stressing the importance of the Convention in achieving this goal, the Committee called for member States, and employers’ and workers’ organizations, to strengthen efforts towards specific goals.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Legislative developments. The Committee notes the adoption of Act No. 43 of 31 March 2014 providing for parental leave in case of child illness as well as maternity and paternity leave and the possibility of part-time work in cases of adoption. The Committee had already noted Act No. 112 of 1994 which provides for the right of natural and adoptive parents to change from full-time to part-time employment during the first three years of life. The Committee requests the Government to provide information on the application of Act No. 112 of 1994 and Act No. 43 of 2014 in practice, including the number of women and men workers availing themselves of these possibilities.

The Committee notes the adoption of Law No. 64 of 8 May 2009, which amends Decree No. 15 of 1976 concerning the standard for monthly family benefits. The Committee asks the Government to provide information on the application of this Decree as it relates to the Convention.

Article 4(b) of the Convention. Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. The Committee notes that section 3 of Act No. 137 of 2003 amends Act No. 111 of 1994, further extending the period of leave to which female employees are entitled following the expiration of the compulsory maternity leave. Under the current regime, women workers can request a period of leave up to 16 months during the first 18 months of the child’s life. They are entitled to receive 30 per cent of their net daily remuneration during the first year while for the remaining six months they have the right to 20 per cent of their remuneration in case the child does not benefit from childcare services. In the alternative, the provision that a female employee may reduce her working day by two hours during a period of ten months while continuing to receive full pay is maintained. The Committee also notes that Act No. 137 confirms the fathers’ right to avail themselves of the leave period and accompanying economic benefits in place for the mother. The Committee however notes that, whereas in 2007, 316 women workers took the leave in the private sector and 42 in the public one, no father has availed himself of this right. The Committee requests the Government to provide information on the impact of this provision on women’s and men’s levels of employment and encourages it to take adequate measures to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities between men and women. Please also continue to provide information on the percentage of men and women workers that have requested the leave provided under Act No. 137.

Recalling that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave, the Committee wishes to draw the Government’s attention to Article 2 of the Convention laying down that the Convention applies to “all branches of economic activity and all categories of workers”. The Committee reiterates its requests for information on the manner in which the principles of the Convention are applied to this category of workers.

While noting that section 3 of Act No. 137 of 2003 confirms the previous restrictions on the possibility of counting the period of parental leave in calculating certain entitlements arising out of the employment, the Committee notes that section 4 of Act No. 47 of 2008 provides for the computation of the period of leave in the context of retirement benefits. The Committee encourages the Government to take the necessary steps to include the parental leave period for the purpose of calculating the other entitlements arising out of the employment relationship, including seniority, annual leave and severance pay.

In the absence of the information solicited, the Committee again requests the Government to provide information on the measures taken to allow distance working or teleworking, as well as information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

With regard to the entitlement to special leave for providing care to persons who due to illness or disability require permanent assistance, the Committee notes that Law 97 of 2007 extends this entitlement to natural and adoptive parents as well as to guardians. The Committee also notes that approximately 48 workers had benefited from this provision at the time at which the Government prepared the report. The Committee requests the Government to continue to provide information on the application of this provision, including information on the number of women and men requesting the special leave.

Article 5. Promotion of community services. While noting the Government’s indication that seven public and five private nurseries exist in the country and that families are reimbursed for 30 per cent of the costs sustained to use these facilities, the Committee again invites the Government to provide information on the measures adopted or envisaged to determine and address the actual needs and preferences of workers with family responsibilities in community planning.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes that the “citizen’s window” has been dismantled and that, at present, information on the existing instruments concerning the rights of workers with family responsibilities are provided by the Public Relations Office (URP) of the Social Security Institute. The Committee requests the Government to indicate the measures taken to promote public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. The Committee notes from the Government’s report that, in order to meet the needs of persons with family responsibilities, vocational training, foreign language courses and courses for compulsory lower secondary school qualifications are offered at different time slots during the day. The Committee requests the Government to provide information on the percentage of women and men workers enrolled in these courses. It also requests the Government to provide full information on any other measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

Statistical information. The Committee refers to its comments regarding the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2008.

Repetition

Legislative developments. The Committee notes the adoption of Act No. 43 of 31 March 2014 providing for parental leave in case of child illness as well as maternity and paternity leave and the possibility of part-time work in cases of adoption. The Committee had already noted Act No. 112 of 1994 which provides for the right of natural and adoptive parents to change from full-time to part-time employment during the first three years of life. The Committee requests the Government to provide information on the application of Act No. 112 of 1994 and Act No. 43 of 2014 in practice, including the number of women and men workers availing themselves of these possibilities.

The Committee notes the adoption of Law No. 64 of 8 May 2009, which amends Decree No. 15 of 1976 concerning the standard for monthly family benefits. The Committee asks the Government to provide information on the application of this Decree as it relates to the Convention.

Article 4(b) of the Convention. Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. The Committee notes that section 3 of Act No. 137 of 2003 amends Act No. 111 of 1994, further extending the period of leave to which female employees are entitled following the expiration of the compulsory maternity leave. Under the current regime, women workers can request a period of leave up to 16 months during the first 18 months of the child’s life. They are entitled to receive 30 per cent of their net daily remuneration during the first year while for the remaining six months they have the right to 20 per cent of their remuneration in case the child does not benefit from childcare services. In the alternative, the provision that a female employee may reduce her working day by two hours during a period of ten months while continuing to receive full pay is maintained. The Committee also notes that Act No. 137 confirms the fathers’ right to avail themselves of the leave period and accompanying economic benefits in place for the mother. The Committee however notes that, whereas in 2007, 316 women workers took the leave in the private sector and 42 in the public one, no father has availed himself of this right. The Committee requests the Government to provide information on the impact of this provision on women’s and men’s levels of employment and encourages it to take adequate measures to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities between men and women. Please also continue to provide information on the percentage of men and women workers that have requested the leave provided under Act No. 137.

Recalling that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave, the Committee wishes to draw the Government’s attention to Article 2 of the Convention laying down that the Convention applies to “all branches of economic activity and all categories of workers”. The Committee reiterates its requests for information on the manner in which the principles of the Convention are applied to this category of workers.

While noting that section 3 of Act No. 137 of 2003 confirms the previous restrictions on the possibility of counting the period of parental leave in calculating certain entitlements arising out of the employment, the Committee notes that section 4 of Act No. 47 of 2008 provides for the computation of the period of leave in the context of retirement benefits. The Committee encourages the Government to take the necessary steps to include the parental leave period for the purpose of calculating the other entitlements arising out of the employment relationship, including seniority, annual leave and severance pay.

In the absence of the information solicited, the Committee again requests the Government to provide information on the measures taken to allow distance working or teleworking, as well as information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

With regard to the entitlement to special leave for providing care to persons who due to illness or disability require permanent assistance, the Committee notes that Law 97 of 2007 extends this entitlement to natural and adoptive parents as well as to guardians. The Committee also notes that approximately 48 workers had benefited from this provision at the time at which the Government prepared the report. The Committee requests the Government to continue to provide information on the application of this provision, including information on the number of women and men requesting the special leave.

Article 5. Promotion of community services. While noting the Government’s indication that seven public and five private nurseries exist in the country and that families are reimbursed for 30 per cent of the costs sustained to use these facilities, the Committee again invites the Government to provide information on the measures adopted or envisaged to determine and address the actual needs and preferences of workers with family responsibilities in community planning.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes that the “citizen’s window” has been dismantled and that, at present, information on the existing instruments concerning the rights of workers with family responsibilities are provided by the Public Relations Office (URP) of the Social Security Institute. The Committee requests the Government to indicate the measures taken to promote public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. The Committee notes from the Government’s report that, in order to meet the needs of persons with family responsibilities, vocational training, foreign language courses and courses for compulsory lower secondary school qualifications are offered at different time slots during the day. The Committee requests the Government to provide information on the percentage of women and men workers enrolled in these courses. It also requests the Government to provide full information on any other measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

Statistical information. The Committee refers to its comments regarding the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2008, 2011 and 2014 except for the first two paragraphs. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Legislative developments. The Committee notes the adoption of Act No. 43 of 31 March 2014 providing for parental leave in case of child illness as well as maternity and paternity leave and the possibility of part-time work in cases of adoption. The Committee had already noted Act No. 112 of 1994 which provides for the right of natural and adoptive parents to change from full-time to part-time employment during the first three years of life. The Committee requests the Government to provide information on the application of Act No. 112 of 1994 and Act No. 43 of 2014 in practice, including the number of women and men workers availing themselves of these possibilities.

The Committee notes the adoption of Law No. 64 of 8 May 2009, which amends Decree No. 15 of 1976 concerning the standard for monthly family benefits. The Committee asks the Government to provide information on the application of this Decree as it relates to the Convention.

Article 4(b) of the Convention. Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. The Committee notes that section 3 of Act No. 137 of 2003 amends Act No. 111 of 1994, further extending the period of leave to which female employees are entitled following the expiration of the compulsory maternity leave. Under the current regime, women workers can request a period of leave up to 16 months during the first 18 months of the child’s life. They are entitled to receive 30 per cent of their net daily remuneration during the first year while for the remaining six months they have the right to 20 per cent of their remuneration in case the child does not benefit from childcare services. In the alternative, the provision that a female employee may reduce her working day by two hours during a period of ten months while continuing to receive full pay is maintained. The Committee also notes that Act No. 137 confirms the fathers’ right to avail themselves of the leave period and accompanying economic benefits in place for the mother. The Committee however notes that, whereas in 2007, 316 women workers took the leave in the private sector and 42 in the public one, no father has availed himself of this right. The Committee requests the Government to provide information on the impact of this provision on women’s and men’s levels of employment and encourages it to take adequate measures to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities between men and women. Please also continue to provide information on the percentage of men and women workers that have requested the leave provided under Act No. 137.

Recalling that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave, the Committee wishes to draw the Government’s attention to Article 2 of the Convention laying down that the Convention applies to “all branches of economic activity and all categories of workers”. The Committee reiterates its requests for information on the manner in which the principles of the Convention are applied to this category of workers.

While noting that section 3 of Act No. 137 of 2003 confirms the previous restrictions on the possibility of counting the period of parental leave in calculating certain entitlements arising out of the employment, the Committee notes that section 4 of Act No. 47 of 2008 provides for the computation of the period of leave in the context of retirement benefits. The Committee encourages the Government to take the necessary steps to include the parental leave period for the purpose of calculating the other entitlements arising out of the employment relationship, including seniority, annual leave and severance pay.

In the absence of the information solicited, the Committee again requests the Government to provide information on the measures taken to allow distance working or teleworking, as well as information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

With regard to the entitlement to special leave for providing care to persons who due to illness or disability require permanent assistance, the Committee notes that Law 97 of 2007 extends this entitlement to natural and adoptive parents as well as to guardians. The Committee also notes that approximately 48 workers had benefited from this provision at the time at which the Government prepared the report. The Committee requests the Government to continue to provide information on the application of this provision, including information on the number of women and men requesting the special leave.

Article 5. Promotion of community services. While noting the Government’s indication that seven public and five private nurseries exist in the country and that families are reimbursed for 30 per cent of the costs sustained to use these facilities, the Committee again invites the Government to provide information on the measures adopted or envisaged to determine and address the actual needs and preferences of workers with family responsibilities in community planning.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes that the “citizen’s window” has been dismantled and that, at present, information on the existing instruments concerning the rights of workers with family responsibilities are provided by the Public Relations Office (URP) of the Social Security Institute. The Committee requests the Government to indicate the measures taken to promote public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. The Committee notes from the Government’s report that, in order to meet the needs of persons with family responsibilities, vocational training, foreign language courses and courses for compulsory lower secondary school qualifications are offered at different time slots during the day. The Committee requests the Government to provide information on the percentage of women and men workers enrolled in these courses. It also requests the Government to provide full information on any other measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

Statistical information. The Committee refers to its comments regarding the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislative developments. The Committee notes the adoption of Act No. 43 of 31 March 2014 providing for parental leave in case of child illness as well as maternity and paternity leave and the possibility of part-time work in cases of adoption. The Committee had already noted Act No. 112 of 1994 which provides for the right of natural and adoptive parents to change from full-time to part-time employment during the first three years of life. The Committee requests the Government to provide information on the application of Act No. 112 of 1994 and Act No. 43 of 2014 in practice, including the number of women and men workers availing themselves of these possibilities.

The Committee notes the adoption of Law No. 64 of 8 May 2009, which amends Decree No. 15 of 1976 concerning the standard for monthly family benefits. The Committee asks the Government to provide information on the application of this Decree as it relates to the Convention.

Article 4(b) of the Convention. Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. The Committee notes that section 3 of Act No. 137 of 2003 amends Act No. 111 of 1994, further extending the period of leave to which female employees are entitled following the expiration of the compulsory maternity leave. Under the current regime, women workers can request a period of leave up to 16 months during the first 18 months of the child’s life. They are entitled to receive 30 per cent of their net daily remuneration during the first year while for the remaining six months they have the right to 20 per cent of their remuneration in case the child does not benefit from childcare services. In the alternative, the provision that a female employee may reduce her working day by two hours during a period of ten months while continuing to receive full pay is maintained. The Committee also notes that Act No. 137 confirms the fathers’ right to avail themselves of the leave period and accompanying economic benefits in place for the mother. The Committee however notes that, whereas in 2007, 316 women workers took the leave in the private sector and 42 in the public one, no father has availed himself of this right. The Committee requests the Government to provide information on the impact of this provision on women’s and men’s levels of employment and encourages it to take adequate measures to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities between men and women. Please also continue to provide information on the percentage of men and women workers that have requested the leave provided under Act No. 137.

Recalling that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave, the Committee wishes to draw the Government’s attention to Article 2 of the Convention laying down that the Convention applies to “all branches of economic activity and all categories of workers”. The Committee reiterates its requests for information on the manner in which the principles of the Convention are applied to this category of workers.

While noting that section 3 of Act No. 137 of 2003 confirms the previous restrictions on the possibility of counting the period of parental leave in calculating certain entitlements arising out of the employment, the Committee notes that section 4 of Act No. 47 of 2008 provides for the computation of the period of leave in the context of retirement benefits. The Committee encourages the Government to take the necessary steps to include the parental leave period for the purpose of calculating the other entitlements arising out of the employment relationship, including seniority, annual leave and severance pay.

In the absence of the information solicited, the Committee again requests the Government to provide information on the measures taken to allow distance working or teleworking, as well as information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

With regard to the entitlement to special leave for providing care to persons who due to illness or disability require permanent assistance, the Committee notes that Law 97 of 2007 extends this entitlement to natural and adoptive parents as well as to guardians. The Committee also notes that approximately 48 workers had benefited from this provision at the time at which the Government prepared the report. The Committee requests the Government to continue to provide information on the application of this provision, including information on the number of women and men requesting the special leave.

Article 5. Promotion of community services. While noting the Government’s indication that seven public and five private nurseries exist in the country and that families are reimbursed for 30 per cent of the costs sustained to use these facilities, the Committee again invites the Government to provide information on the measures adopted or envisaged to determine and address the actual needs and preferences of workers with family responsibilities in community planning.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes that the “citizen’s window” has been dismantled and that, at present, information on the existing instruments concerning the rights of workers with family responsibilities are provided by the Public Relations Office (URP) of the Social Security Institute. The Committee requests the Government to indicate the measures taken to promote public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. The Committee notes from the Government’s report that, in order to meet the needs of persons with family responsibilities, vocational training, foreign language courses and courses for compulsory lower secondary school qualifications are offered at different time slots during the day. The Committee requests the Government to provide information on the percentage of women and men workers enrolled in these courses. It also requests the Government to provide full information on any other measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

Statistical information. The Committee refers to its comments regarding the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislative developments. The Committee notes the adoption of Act No. 43 of 31 March 2014 providing for parental leave in case of child illness as well as maternity and paternity leave and the possibility of part-time work in cases of adoption. The Committee had already noted Act No. 112 of 1994 which provides for the right of natural and adoptive parents to change from full-time to part-time employment during the first three years of life. The Committee requests the Government to provide information on the application of Act No. 112 of 1994 and Act No. 43 of 2014 in practice, including the number of women and men workers availing themselves of these possibilities.

The Committee notes the adoption of Law No. 64 of 8 May 2009, which amends Decree No. 15 of 1976 concerning the standard for monthly family benefits. The Committee asks the Government to provide information on the application of this Decree as it relates to the Convention.

Article 4(b) of the Convention. Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. The Committee notes that section 3 of Act No. 137 of 2003 amends Act No. 111 of 1994, further extending the period of leave to which female employees are entitled following the expiration of the compulsory maternity leave. Under the current regime, women workers can request a period of leave up to 16 months during the first 18 months of the child’s life. They are entitled to receive 30 per cent of their net daily remuneration during the first year while for the remaining six months they have the right to 20 per cent of their remuneration in case the child does not benefit from childcare services. In the alternative, the provision that a female employee may reduce her working day by two hours during a period of ten months while continuing to receive full pay is maintained. The Committee also notes that Act No. 137 confirms the fathers’ right to avail themselves of the leave period and accompanying economic benefits in place for the mother. The Committee however notes that, whereas in 2007, 316 women workers took the leave in the private sector and 42 in the public one, no father has availed himself of this right. The Committee requests the Government to provide information on the impact of this provision on women’s and men’s levels of employment and encourages it to take adequate measures to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities between men and women. Please also continue to provide information on the percentage of men and women workers that have requested the leave provided under Act No. 137.

Recalling that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave, the Committee wishes to draw the Government’s attention to Article 2 of the Convention laying down that the Convention applies to “all branches of economic activity and all categories of workers”. The Committee reiterates its requests for information on the manner in which the principles of the Convention are applied to this category of workers.

While noting that section 3 of Act No. 137 of 2003 confirms the previous restrictions on the possibility of counting the period of parental leave in calculating certain entitlements arising out of the employment, the Committee notes that section 4 of Act No. 47 of 2008 provides for the computation of the period of leave in the context of retirement benefits. The Committee welcomes this measure and encourages the Government to take the necessary steps to include the parental leave period for the purpose of calculating the other entitlements arising out of the employment relationship, including seniority, annual leave and severance pay.

In the absence of the information solicited, the Committee again requests the Government to provide information on the measures taken to allow distance working or teleworking, as well as information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

With regard to the entitlement to special leave for providing care to persons who due to illness or disability require permanent assistance, the Committee notes that Law 97 of 2007 extends this entitlement to natural and adoptive parents as well as to guardians. The Committee also notes that approximately 48 workers had benefited from this provision at the time at which the Government prepared the report. The Committee requests the Government to continue to provide information on the application of this provision, including information on the number of women and men requesting the special leave.

Article 5. Promotion of community services. While noting the Government’s indication that seven public and five private nurseries exist in the country and that families are reimbursed for 30 per cent of the costs sustained to use these facilities, the Committee again invites the Government to provide information on the measures adopted or envisaged to determine and address the actual needs and preferences of workers with family responsibilities in community planning.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes that the “citizen’s window” has been dismantled and that, at present, information on the existing instruments concerning the rights of workers with family responsibilities are provided by the Public Relations Office (URP) of the Social Security Institute. The Committee requests the Government to indicate the measures taken to promote public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. The Committee notes from the Government’s report that, in order to meet the needs of persons with family responsibilities, vocational training, foreign language courses and courses for compulsory lower secondary school qualifications are offered at different time slots during the day. The Committee requests the Government to provide information on the percentage of women and men workers enrolled in these courses. It also requests the Government to provide full information on any other measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

Statistical information. The Committee refers to its comments regarding the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislative developments. The Committee notes the adoption of Act No. 43 of 31 March 2014 providing for parental leave in case of child illness as well as maternity and paternity leave and the possibility of part-time work in cases of adoption. The Committee had already noted Act No. 112 of 1994 which provides for the right of natural and adoptive parents to change from full-time to part-time employment during the first three years of life. The Committee requests the Government to provide information on the application of Act No. 112 of 1994 and Act No. 43 of 2014 in practice, including the number of women and men workers availing themselves of these possibilities.

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

The Committee notes the adoption of Law No. 64 of 8 May 2009, which amends Decree No. 15 of 1976 concerning the standard for monthly family benefits. The Committee asks the Government to provide information on the application of this Decree as it relates to the Convention.

Article 4(b) of the Convention. Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. The Committee notes that section 3 of Act No. 137 of 2003 amends Act No. 111 of 1994, further extending the period of leave to which female employees are entitled following the expiration of the compulsory maternity leave. Under the current regime, women workers can request a period of leave up to 16 months during the first 18 months of the child’s life. They are entitled to receive 30 per cent of their net daily remuneration during the first year while for the remaining six months they have the right to 20 per cent of their remuneration in case the child does not benefit from childcare services. In the alternative, the provision that a female employee may reduce her working day by two hours during a period of ten months while continuing to receive full pay is maintained. The Committee also notes that Act No. 137 confirms the fathers’ right to avail themselves of the leave period and accompanying economic benefits in place for the mother. The Committee however notes that, whereas in 2007, 316 women workers took the leave in the private sector and 42 in the public one, no father has availed himself of this right. The Committee requests the Government to provide information on the impact of this provision on women’s and men’s levels of employment and encourages it to take adequate measures to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities between men and women. Please also continue to provide information on the percentage of men and women workers that have requested the leave provided under Act No. 137.

Recalling that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave, the Committee wishes to draw the Government’s attention to Article 2 of the Convention laying down that the Convention applies to “all branches of economic activity and all categories of workers”. The Committee reiterates its requests for information on the manner in which the principles of the Convention are applied to this category of workers.

While noting that section 3 of Act No. 137 of 2003 confirms the previous restrictions on the possibility of counting the period of parental leave in calculating certain entitlements arising out of the employment, the Committee notes that section 4 of Act No. 47 of 2008 provides for the computation of the period of leave in the context of retirement benefits. The Committee welcomes this measure and encourages the Government to take the necessary steps to include the parental leave period for the purpose of calculating the other entitlements arising out of the employment relationship, including seniority, annual leave and severance pay.

In the absence of the information solicited, the Committee again requests the Government to provide information on the measures taken to allow distance working or teleworking, as well as information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

With regard to the entitlement to special leave for providing care to persons who due to illness or disability require permanent assistance, the Committee notes that Law 97 of 2007 extends this entitlement to natural and adoptive parents as well as to guardians. The Committee also notes that approximately 48 workers had benefited from this provision at the time at which the Government prepared the report. The Committee requests the Government to continue to provide information on the application of this provision, including information on the number of women and men requesting the special leave.

Article 5. Promotion of community services. While noting the Government’s indication that seven public and five private nurseries exist in the country and that families are reimbursed for 30 per cent of the costs sustained to use these facilities, the Committee again invites the Government to provide information on the measures adopted or envisaged to determine and address the actual needs and preferences of workers with family responsibilities in community planning.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes that the “citizen’s window” has been dismantled and that, at present, information on the existing instruments concerning the rights of workers with family responsibilities are provided by the Public Relations Office (URP) of the Social Security Institute. The Committee requests the Government to indicate the measures taken to promote public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. The Committee notes from the Government’s report that, in order to meet the needs of persons with family responsibilities, vocational training, foreign language courses and courses for compulsory lower secondary school qualifications are offered at different time slots during the day. The Committee requests the Government to provide information on the percentage of women and men workers enrolled in these courses. It also requests the Government to provide full information on any other measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

Statistical information. The Committee refers to its comments regarding the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the adoption of Law No. 64 of 8 May 2009, which amends Decree No. 15 of 1976 concerning the standard for monthly family benefits. The Committee asks the Government to provide information on the application of this Decree as it relates to the Convention.

Article 4(b) of the Convention. Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. The Committee notes that section 3 of Act No. 137 of 2003 amends Act No. 111 of 1994, further extending the period of leave to which female employees are entitled following the expiration of the compulsory maternity leave. Under the current regime, women workers can request a period of leave up to 16 months during the first 18 months of the child’s life. They are entitled to receive 30 per cent of their net daily remuneration during the first year while for the remaining six months they have the right to 20 per cent of their remuneration in case the child does not benefit from childcare services. In the alternative, the provision that a female employee may reduce her working day by two hours during a period of ten months while continuing to receive full pay is maintained. The Committee also notes that Act No. 137 confirms the fathers’ right to avail themselves of the leave period and accompanying economic benefits in place for the mother. The Committee however notes that, whereas in 2007, 316 women workers took the leave in the private sector and 42 in the public one, no father has availed himself of this right. The Committee requests the Government to provide information on the impact of this provision on women’s and men’s levels of employment and encourages it to take adequate measures to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities between men and women. Please also continue to provide information on the percentage of men and women workers that have requested the leave provided under Act No. 137.

Recalling that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave, the Committee wishes to draw the Government’s attention to Article 2 of the Convention laying down that the Convention applies to “all branches of economic activity and all categories of workers”. The Committee reiterates its requests for information on the manner in which the principles of the Convention are applied to this category of workers.

While noting that section 3 of Act No. 137 of 2003 confirms the previous restrictions on the possibility of counting the period of parental leave in calculating certain entitlements arising out of the employment, the Committee notes that section 4 of Act No. 47 of 2008 provides for the computation of the period of leave in the context of retirement benefits. The Committee welcomes this measure and encourages the Government to take the necessary steps to include the parental leave period for the purpose of calculating the other entitlements arising out of the employment relationship, including seniority, annual leave and severance pay.

Noting that under Act No. 112 of 1994 both natural and adoptive parents are entitled to change their terms of employment from full-time to part-time during the first three years of the child’s life, the Committee requests the Government to provide information on the application of this provision in practice, including the number of women and men workers availing themselves of this possibility.

In the absence of the information solicited, the Committee again requests the Government to provide information on the measures taken to allow distance working or teleworking, as well as information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

With regard to the entitlement to special leave for providing care to persons who due to illness or disability require permanent assistance, the Committee notes that Law 97 of 2007 extends this entitlement to natural and adoptive parents as well as to guardians. The Committee also notes that approximately 48 workers had benefited from this provision at the time at which the Government prepared the report. The Committee requests the Government to continue to provide information on the application of this provision, including information on the number of women and men requesting the special leave.

Article 5. Promotion of community services. While noting the Government’s indication that seven public and five private nurseries exist in the country and that families are reimbursed for 30 per cent of the costs sustained to use these facilities, the Committee again invites the Government to provide information on the measures adopted or envisaged to determine and address the actual needs and preferences of workers with family responsibilities in community planning.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes that the “citizen’s window” has been dismantled and that, at present, information on the existing instruments concerning the rights of workers with family responsibilities are provided by the Public Relations Office (URP) of the Social Security Institute. The Committee requests the Government to indicate the measures taken to promote public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. The Committee notes from the Government’s report that, in order to meet the needs of persons with family responsibilities, vocational training, foreign language courses and courses for compulsory lower secondary school qualifications are offered at different time slots during the day. The Committee requests the Government to provide information on the percentage of women and men workers enrolled in these courses. It also requests the Government to provide full information on any other measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

Statistical information. The Committee refers to its comments regarding the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the adoption of Law No. 64 of 8 May 2009, which amends Decree No. 15 of 1976 concerning the standard for monthly family benefits. The Committee asks the Government to provide information on the application of this Decree as it relates to the Convention.

Article 4(b) of the Convention. Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. The Committee notes that section 3 of Act No. 137 of 2003 amends Act No. 111 of 1994, further extending the period of leave to which female employees are entitled following the expiration of the compulsory maternity leave. Under the current regime, women workers can request a period of leave up to 16 months during the first 18 months of the child’s life. They are entitled to receive 30 per cent of their net daily remuneration during the first year while for the remaining six months they have the right to 20 per cent of their remuneration in case the child does not benefit from childcare services. In the alternative, the provision that a female employee may reduce her working day by two hours during a period of ten months while continuing to receive full pay is maintained. The Committee also notes that Act No. 137 confirms the fathers’ right to avail themselves of the leave period and accompanying economic benefits in place for the mother. The Committee however notes that, whereas in 2007, 316 women workers took the leave in the private sector and 42 in the public one, no father has availed himself of this right. The Committee requests the Government to provide information on the impact of this provision on women’s and men’s levels of employment and encourages it to take adequate measures to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities between men and women. Please also continue to provide information on the percentage of men and women workers that have requested the leave provided under Act No. 137.

Recalling that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave, the Committee wishes to draw the Government’s attention to Article 2 of the Convention laying down that the Convention applies to “all branches of economic activity and all categories of workers”. The Committee reiterates its requests for information on the manner in which the principles of the Convention are applied to this category of workers.

While noting that section 3 of Act No. 137 of 2003 confirms the previous restrictions on the possibility of counting the period of parental leave in calculating certain entitlements arising out of the employment, the Committee notes that section 4 of Act No. 47 of 2008 provides for the computation of the period of leave in the context of retirement benefits. The Committee welcomes this measure and encourages the Government to take the necessary steps to include the parental leave period for the purpose of calculating the other entitlements arising out of the employment relationship, including seniority, annual leave and severance pay.

Noting that under Act No. 112 of 1994 both natural and adoptive parents are entitled to change their terms of employment from full-time to part-time during the first three years of the child’s life, the Committee requests the Government to provide information on the application of this provision in practice, including the number of women and men workers availing themselves of this possibility.

In the absence of the information solicited, the Committee again requests the Government to provide information on the measures taken to allow distance working or teleworking, as well as information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

With regard to the entitlement to special leave for providing care to persons who due to illness or disability require permanent assistance, the Committee notes that Law 97 of 2007 extends this entitlement to natural and adoptive parents as well as to guardians. The Committee also notes that approximately 48 workers had benefited from this provision at the time at which the Government prepared the report. The Committee requests the Government to continue to provide information on the application of this provision, including information on the number of women and men requesting the special leave.

Article 5. Promotion of community services. While noting the Government’s indication that seven public and five private nurseries exist in the country and that families are reimbursed for 30 per cent of the costs sustained to use these facilities, the Committee again invites the Government to provide information on the measures adopted or envisaged to determine and address the actual needs and preferences of workers with family responsibilities in community planning.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes that the “citizen’s window” has been dismantled and that, at present, information on the existing instruments concerning the rights of workers with family responsibilities are provided by the Public Relations Office (URP) of the Social Security Institute. The Committee requests the Government to indicate the measures taken to promote public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. The Committee notes from the Government’s report that, in order to meet the needs of persons with family responsibilities, vocational training, foreign language courses and courses for compulsory lower secondary school qualifications are offered at different time slots during the day. The Committee requests the Government to provide information on the percentage of women and men workers enrolled in these courses. It also requests the Government to provide full information on any other measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

Statistical information. The Committee refers to its comments regarding the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the adoption of Law No. 64 of 8 May 2009, which amends Decree No. 15 of 1976 concerning the standard for monthly family benefits. The Committee asks the Government to provide information on the application of this Decree as it relates to the Convention.

The Committee notes, however, that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4(b) of the Convention. Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. The Committee notes that section 3 of Act No. 137 of 2003 amends Act No. 111 of 1994, further extending the period of leave to which female employees are entitled following the expiration of the compulsory maternity leave. Under the current regime, women workers can request a period of leave up to 16 months during the first 18 months of the child’s life. They are entitled to receive 30 per cent of their net daily remuneration during the first year while for the remaining six months they have the right to 20 per cent of their remuneration in case the child does not benefit from childcare services. In the alternative, the provision that a female employee may reduce her working day by two hours during a period of ten months while continuing to receive full pay is maintained. The Committee also notes that Act No. 137 confirms the fathers’ right to avail themselves of the leave period and accompanying economic benefits in place for the mother. The Committee however notes that, whereas in 2007, 316 women workers took the leave in the private sector and 42 in the public one, no father has availed himself of this right. The Committee requests the Government to provide information on the impact of this provision on women’s and men’s levels of employment and encourages it to take adequate measures to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities between men and women. Please also continue to provide information on the percentage of men and women workers that have requested the leave provided under Act No. 137.

Recalling that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave, the Committee wishes to draw the Government’s attention to Article 2 of the Convention laying down that the Convention applies to “all branches of economic activity and all categories of workers”. The Committee reiterates its requests for information on the manner in which the principles of the Convention are applied to this category of workers.

While noting that section 3 of Act No. 137 of 2003 confirms the previous restrictions on the possibility of counting the period of parental leave in calculating certain entitlements arising out of the employment, the Committee notes that section 4 of Act No. 47 of 2008 provides for the computation of the period of leave in the context of retirement benefits. The Committee welcomes this measure and encourages the Government to take the necessary steps to include the parental leave period for the purpose of calculating the other entitlements arising out of the employment relationship, including seniority, annual leave and severance pay.

Noting that under Act No. 112 of 1994 both natural and adoptive parents are entitled to change their terms of employment from full-time to part-time during the first three years of the child’s life, the Committee requests the Government to provide information on the application of this provision in practice, including the number of women and men workers availing themselves of this possibility.

In the absence of the information solicited, the Committee again requests the Government to provide information on the measures taken to allow distance working or teleworking, as well as information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

With regard to the entitlement to special leave for providing care to persons who due to illness or disability require permanent assistance, the Committee notes that Law 97 of 2007 extends this entitlement to natural and adoptive parents as well as to guardians. The Committee also notes that approximately 48 workers had benefited from this provision at the time at which the Government prepared the report. The Committee requests the Government to continue to provide information on the application of this provision, including information on the number of women and men requesting the special leave.

Article 5. Promotion of community services. While noting the Government’s indication that seven public and five private nurseries exist in the country and that families are reimbursed for 30 per cent of the costs sustained to use these facilities, the Committee again invites the Government to provide information on the measures adopted or envisaged to determine and address the actual needs and preferences of workers with family responsibilities in community planning.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes that the “citizen’s window” has been dismantled and that, at present, information on the existing instruments concerning the rights of workers with family responsibilities are provided by the Public Relations Office (URP) of the Social Security Institute. The Committee requests the Government to indicate the measures taken to promote public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. The Committee notes from the Government’s report that, in order to meet the needs of persons with family responsibilities, vocational training, foreign language courses and courses for compulsory lower secondary school qualifications are offered at different time slots during the day. The Committee requests the Government to provide information on the percentage of women and men workers enrolled in these courses. It also requests the Government to provide full information on any other measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

Statistical information. The Committee refers to its comments regarding the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 4(b) of the Convention. Measures to promote effective equality of opportunity and treatment for workers with family responsibilities. The Committee notes that section 3 of Act No. 137 of 2003 amends Act No. 111 of 1994, further extending the period of leave to which female employees are entitled following the expiration of the compulsory maternity leave. Under the current regime, women workers can request a period of leave up to 16 months during the first 18 months of the child’s life. They are entitled to receive 30 per cent of their net daily remuneration during the first year while for the remaining six months they have the right to 20 per cent of their remuneration in case the child does not benefit from childcare services. In the alternative, the provision that a female employee may reduce her working day by two hours during a period of ten months while continuing to receive full pay is maintained. The Committee also notes that Act No. 137 confirms the fathers’ right to avail themselves of the leave period and accompanying economic benefits in place for the mother. The Committee however notes that, whereas in 2007, 316 women workers took the leave in the private sector and 42 in the public one, no father has availed himself of this right. The Committee requests the Government to provide information on the impact of this provision on women’s and men’s levels of employment and encourages it to take adequate measures to promote men’s use of parental leave with a view to enhancing a more equitable distribution of family responsibilities between men and women. Please also continue to provide information on the percentage of men and women workers that have requested the leave provided under Act No. 137.

Recalling that section 5 of Act No. 40 of 1981 excludes domestic workers from the coverage of the provisions concerning maternity and parental leave, the Committee wishes to draw the Government’s attention to Article 2 of the Convention laying down that the Convention applies to “all branches of economic activity and all categories of workers”. The Committee reiterates its requests for information on the manner in which the principles of the Convention are applied to this category of workers.

While noting that section 3 of Act No. 137 of 2003 confirms the previous restrictions on the possibility of counting the period of parental leave in calculating certain entitlements arising out of the employment, the Committee notes that section 4 of Act No. 47 of 2008 provides for the computation of the period of leave in the context of retirement benefits. The Committee welcomes this measure and encourages the Government to take the necessary steps to include the parental leave period for the purpose of calculating the other entitlements arising out of the employment relationship, including seniority, annual leave and severance pay.

Noting that under Act No. 112 of 1994 both natural and adoptive parents are entitled to change their terms of employment from full-time to part-time during the first three years of the child’s life, the Committee requests the Government to provide information on the application of this provision in practice, including the number of women and men workers availing themselves of this possibility.

In the absence of the information solicited, the Committee again requests the Government to provide information on the measures taken to allow distance working or teleworking, as well as information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

With regard to the entitlement to special leave for providing care to persons who due to illness or disability require permanent assistance, the Committee notes that Law 97 of 2007 extends this entitlement to natural and adoptive parents as well as to guardians. The Committee also notes that approximately 48 workers had benefited from this provision at the time at which the Government prepared the report. The Committee requests the Government to continue to provide information on the application of this provision, including information on the number of women and men requesting the special leave.

Article 5. Promotion of community services. While noting the Government’s indication that seven public and five private nurseries exist in the country and that families are reimbursed for 30 per cent of the costs sustained to use these facilities, the Committee again invites the Government to provide information on the measures adopted or envisaged to determine and address the actual needs and preferences of workers with family responsibilities in community planning.

Article 6. Promotion of public understanding of the principle of the Convention. The Committee notes that the “citizen’s window” has been dismantled and that, at present, information on the existing instruments concerning the rights of workers with family responsibilities are provided by the Public Relations Office (URP) of the Social Security Institute. The Committee requests the Government to indicate the measures taken to promote public understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities and to raise awareness of the specific difficulties faced by these workers.

Article 7. Vocational guidance and training. The Committee notes from the Government’s report that, in order to meet the needs of persons with family responsibilities, vocational training, foreign language courses and courses for compulsory lower secondary school qualifications are offered at different time slots during the day. The Committee requests the Government to provide information on the percentage of women and men workers enrolled in these courses. It also requests the Government to provide full information on any other measures taken or envisaged to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

Statistical information. The Committee refers to its comments regarding the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 4(b) of the Convention. The Committee notes the enactment of Act No. 111 of 16.12.94, amending section 4 of Act No. 40 of 25.05.81, and extending the period of leave to which female employees are entitled following the expiration of the 90-day period of compulsory maternity leave. Section 1 of Act No. 111 extends the leave period from seven to a maximum of ten months’ leave during the first year of the child’s life. The Committee notes that, under the new Act, the female employee is also entitled to receive 30 per cent of her net daily remuneration during the leave period. In the alternative, the female employee may reduce her working day by two hours, receiving full pay during the term of the leave. The Committee notes that section 5 of Act No. 40 permits fathers to avail themselves of the leave period and accompanying economic benefits in place of the mother. Please indicate the impact of Act No. 111 on women’s and men’s employment and the percentages of each sex that have requested the leave provided under Act No. 111.

2. The Committee notes that section 5 of Act No. 40 excludes domestic workers from coverage and requests the Government to indicate the manner in which the principles of the Convention are applied to this category of workers.

3. The Committee had noted in its previous comments that the parental leave provisions in Act No. 40 of 1981 did not count the period of parental leave in calculating certain entitlements arising out of the employment (section 4). It notes that Act No. 111 of 1994 contains language identical to that found in Act No. 40, providing that “the period of leave is not included for purposes of calculating retirement benefits, seniority or for any other economic or contractual ends” (section 1 of Act No. 111). The Committee again draws the Government’s attention to paragraphs 157–169 of its 1993 General Survey on workers with family responsibilities and expresses the hope that the Government will take measures to expressly include the parental leave period for purposes of calculating entitlements arising out of the employment relationship, including but not limited to retirement benefits, seniority, annual leave and severance pay.

4. The Committee notes from the report that Act No. 112 of 16 December 1994 entitles either the mother or father to change his or her terms of employment from full-time to part-time during the first three years of the child’s life. It notes that, as an incentive, the employer receives a 50 per cent reduction of contributions due for the part-time employee and a 60 per cent reduction of contributions due for the employee’s replacement. The Committee requests the Government to indicate whether Act No. 112 extends this protection to adoptive as well as to natural parents. It would be grateful if the Government would provide a copy of the Act.

5. The Committee notes from the report that the draft of the Law on Employment will provide for the possibility of distance working or teleworking, both to meet employers’ needs as well as to address the need of employees to work at home when caring for adults or children at home. The Committee would be grateful if the Government would provide a copy of the new Act on Employment as soon as it is adopted, as well as continue to provide information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

6. The Committee notes the adoption of Act No. 138 of 13 November 1991, which establishes certain benefits for persons who, due to illness or disability require permanent assistance from an attendant or require assistance to carry out activities of daily living. It notes with interest that section 7 of Act No. 138 entitles family members residing with the disabled person to take unpaid leave from their employment for up to one month per year. The Committee would appreciate receiving information on the practical application of this provision.

7. The Committee notes from the report that the regulations implementing Act No. 95 of 19 September 1989 on job placement provide that persons in the pool of registered jobseekers may declare themselves unavailable for work during pregnancy, birth and the post-partum period until the child reaches the age of 1 year. The Committee requests the Government to forward a copy of the regulations with its next report.

8. Article 5. The Committee notes the statistical information provided in the report concerning educational and childcare facilities available in San Marino as of August 1999. It notes the Government’s statement that, to assist workers in balancing their work and family responsibilities, it has always provided an adequate response to the constant demand for childcare. The Committee would appreciate receiving information on the steps taken by the Government to determine the communities’ actual needs and preferences for childcare and family services and facilities.

9. Article 6. The Government indicates in its report that it has opened a “citizen’s window” which will promote greater transparency and allow public access to services and information and open a direct channel for the public to contribute actively to improvement of the public service. The Committee would be grateful if the Government would provide information regarding the practical effect of the “citizen’s window” in respect of the application of the Convention.

10. The Committee would be grateful if the Government would provide information on any measures taken to assist persons with family responsibilities to gain access to education and vocational training, in accordance with Article 7 of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 4(b) of the Convention. The Committee notes the enactment of Act No. 111 of 16.12.94, amending section 4 of Act No. 40 of 25.05.81, and extending the period of leave to which female employees are entitled following the expiration of the 90-day period of compulsory maternity leave. Section 1 of Act No. 111 extends the leave period from seven to a maximum of ten months’ leave during the first year of the child’s life. The Committee notes that, under the new Act, the female employee is also entitled to receive 30 per cent of her net daily remuneration during the leave period. In the alternative, the female employee may reduce her working day by two hours, receiving full pay during the term of the leave. The Committee notes that section 5 of Act No. 40 permits fathers to avail themselves of the leave period and accompanying economic benefits in place of the mother. Please indicate the impact of Act No. 111 on women’s and men’s employment and the percentages of each sex that have requested the leave provided under Act No. 111.

2. The Committee notes that section 5 of Act No. 40 excludes domestic workers from coverage and requests the Government to indicate the manner in which the principles of the Convention are applied to this category of workers.

3. The Committee had noted in its previous comments that the parental leave provisions in Act No. 40 of 1981 did not count the period of parental leave in calculating certain entitlements arising out of the employment (section 4). It notes that Act No. 111 of 1994 contains language identical to that found in Act No. 40, providing that “the period of leave is not included for purposes of calculating retirement benefits, seniority or for any other economic or contractual ends” (section 1 of Act No. 111). The Committee again draws the Government’s attention to paragraphs 157 to 169 of its 1993 General Survey on workers with family responsibilities and expresses the hope that the Government will take measures to expressly include the parental leave period for purposes of calculating entitlements arising out of the employment relationship, including but not limited to retirement benefits, seniority, annual leave and severance pay.

4. The Committee notes from the report that Act No. 112 of 16 December 1994 entitles either the mother or father to change his or her terms of employment from full-time to part-time during the first three years of the child’s life. It notes that, as an incentive, the employer receives a 50 per cent reduction of contributions due for the part-time employee and a 60 per cent reduction of contributions due for the employee’s replacement. The Committee requests the Government to indicate whether Act No. 112 extends this protection to adoptive as well as to natural parents. It would be grateful if the Government would provide a copy of the Act.

5. The Committee notes from the report that the draft of the Law on Employment will provide for the possibility of distance working or teleworking, both to meet employers’ needs as well as to address the need of employees to work at home when caring for adults or children at home. The Committee would be grateful if the Government would provide a copy of the new Act on Employment as soon as it is adopted, as well as continue to provide information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

6. The Committee notes the adoption of Act No. 138 of 13 November 1991, which establishes certain benefits for persons who, due to illness or disability require permanent assistance from an attendant or require assistance to carry out activities of daily living. It notes with interest that section 7 of Act No. 138 entitles family members residing with the disabled person to take unpaid leave from their employment for up to one month per year. The Committee would appreciate receiving information on the practical application of this provision.

7. The Committee notes from the report that the regulations implementing Act No. 95 of 19 September 1989 on job placement provide that persons in the pool of registered jobseekers may declare themselves unavailable for work during pregnancy, birth and the post-partum period until the child reaches the age of 1 year. The Committee requests the Government to forward a copy of the regulations with its next report.

8. Article 5. The Committee notes the statistical information provided in the report concerning educational and childcare facilities available in San Marino as of August 1999. It notes the Government’s statement that, to assist workers in balancing their work and family responsibilities, it has always provided an adequate response to the constant demand for childcare. The Committee would appreciate receiving information on the steps taken by the Government to determine the communities’ actual needs and preferences for childcare and family services and facilities.

9. Article 6. The Government indicates in its report that it has opened a “citizen’s window” which will promote greater transparency and allow public access to services and information and open a direct channel for the public to contribute actively to improvement of the public service. The Committee would be grateful if the Government would provide information regarding the practical effect of the “citizen’s window” in respect of the application of the Convention.

10. The Committee would be grateful if the Government would provide information on any measures taken to assist persons with family responsibilities to gain access to education and vocational training, in accordance with Article 7 of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government, including copies of the legislative texts referred to in the report.

1.  Article 4(b) of the Convention.  The Committee notes the enactment of Act No. 111 of 16.12.94, amending section 4 of Act No. 40 of 25.05.81, and extending the period of leave to which female employees are entitled following the expiration of the 90-day period of compulsory maternity leave. Section 1 of Act No. 111 extends the leave period from seven to a maximum of ten months’ leave during the first year of the child’s life. The Committee notes that, under the new Act, the female employee is also entitled to receive 30 per cent of her net daily remuneration during the leave period. In the alternative, the female employee may reduce her working day by two hours, receiving full pay during the term of the leave. The Committee notes that section 5 of Act No. 40 permits fathers to avail themselves of the leave period and accompanying economic benefits in place of the mother. Please indicate the impact of Act No. 111 on women’s and men’s employment and the percentages of each sex that have requested the leave provided under Act No. 111.

2.  The Committee notes that section 5 of Act No. 40 excludes domestic workers from coverage and requests the Government to indicate the manner in which the principles of the Convention are applied to this category of workers.

3.  The Committee had noted in its previous comments that the parental leave provisions in Act No. 40 of 1981 did not count the period of parental leave in calculating certain entitlements arising out of the employment (section 4). It notes that Act No. 111 of 1994 contains language identical to that found in Act No. 40, providing that "the period of leave is not included for purposes of calculating retirement benefits, seniority or for any other economic or contractual ends" (section 1 of Act No. 111). The Committee again draws the Government’s attention to paragraphs 157 to 169 of its 1993 General Survey on workers with family responsibilities and expresses the hope that the Government will take measures to expressly include the parental leave period for purposes of calculating entitlements arising out of the employment relationship, including but not limited to retirement benefits, seniority, annual leave and severance pay.

4.  The Committee notes from the report that Act No. 112 of 16 December 1994 entitles either the mother or father to change his or her terms of employment from full-time to part-time during the first three years of the child’s life. It notes that, as an incentive, the employer receives a 50 per cent reduction of contributions due for the part-time employee and a 60 per cent reduction of contributions due for the employee’s replacement. The Committee requests the Government to indicate whether Act No. 112 extends this protection to adoptive as well as to natural parents. It would be grateful if the Government would provide a copy of the Act.

5.  The Committee notes from the report that the draft of the Law on Employment will provide for the possibility of distance working or teleworking, both to meet employers’ needs as well as to address the need of employees to work at home when caring for adults or children at home. The Committee would be grateful if the Government would provide a copy of the new Act on Employment as soon as it is adopted, as well as continue to provide information on any other measures, including flexible work arrangements, introduced to assist workers in balancing their work and family responsibilities.

6.  The Committee notes the adoption of Act No. 138 of 13 November 1991, which establishes certain benefits for persons who, due to illness or disability require  permanent assistance from an attendant or require assistance to carry out activities of daily living. It notes with interest that section 7 of Act No. 138 entitles family members residing with the disabled person to take unpaid leave from their employment for up to one month per year. The Committee would appreciate receiving information on the practical application of this provision.

7.  The Committee notes from the report that the regulations implementing Act No. 95 of 19 September 1989 on job placement provide that persons in the pool of registered jobseekers may declare themselves unavailable for work during pregnancy, birth and the post-partum period until the child reaches the age of 1 year. The Committee requests the Government to forward a copy of the regulations with its next report.

8.  Article 5.  The Committee notes the statistical information provided in the report concerning educational and childcare facilities available in San Marino as of August 1999. It notes the Government’s statement that, to assist workers in balancing their work and family responsibilities, it has always provided an adequate response to the constant demand for childcare. The Committee would appreciate receiving information on the steps taken by the Government to determine the communities’ actual needs and preferences for childcare and family services and facilities.

9.  Article 6.  The Government indicates in its report that it has opened a "citizen’s window" which will promote greater transparency and allow public access to services and information and open a direct channel for the public to contribute actively to improvement of the public service. The Committee would be grateful if the Government would provide information regarding the practical effect of the "citizen’s window" in respect of the application of the Convention.

10.  The Committee would be grateful if the Government would provide information on any measures taken to assist persons with family responsibilities to gain access to education and vocational training, in accordance with Article 7 of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous direct request, the Committee notes the detailed information supplied by the Government in its report, and the enclosed documentation.

1. Article 4(a) of the Convention. The Committee notes with interest that during each legislature a committee is established to examine equality in law for men and women and that a new committee was established in 1993 for the 1993-98 legislature. It asks the Government to provide a copy of any recommendations made by this committee that are relevant to the Convention, and information on the measures taken or envisaged to implement them. The Committee notes from the report that men and women are culturally and socially equal, and would be grateful if the Government would continue to provide detailed information on specific measures taken to enable workers - both men and women - with family responsibilities to exercise their right to free choice of employment.

2. Article 4(b). The Committee notes that the Government and the social partners are currently discussing the parents' right to leave in order to bring up their children at home until the age of three, rather than placing them in a nursery. Please inform the Committee of the outcome of these discussions. Furthermore, noting the information supplied in the report on social security benefits relating to maternity and nursing, the Committee asks the Government to continue to provide information on the measures taken or envisaged, other than maternity and nursing leave, to enable parents who work, in either the private or the public sector, to reconcile better their employment and family responsibilities towards both children and other members of the immediate family who plainly need care or support. Such measures could include a reduction of working hours, leave to care for a sick child, flexible working hours, the possibility of working at home, job-sharing or any other measure provided for in Paragraphs 17 to 23 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).

3. With regard to parental leave, the Committee noted in its previous comments that there were provisions on parental leave in Act No. 40 of 1981 as amended by Act No. 30 of 1984, but that such leave was not counted in reckoning seniority, pension entitlements, annual leave or severance pay. It asked the Government to give consideration to including parental leave in the leave counted in reckoning these entitlements and to report on any measures contemplated or taken in this regard. In reply, the Government states that there is no provision for "parental leave" within the meaning understood by the Committee, but that during the first year of the child's life, after the maternity leave (congedo), a parent may ask for "maternity absence" (aspettativa). The Committee asks the Government to refer to paragraphs 157 to 169 of its 1993 General Survey on Workers with Family Responsibilities, and particularly paragraph 163 where it describes situations in which special leave is taken into consideration for certain entitlements linked to employment. It would be grateful if the Government would indicate in its next report whether it plans to take any measures whereby such leave is included in the leave normally counted in reckoning entitlements.

4. Article 5. The Committee notes the information in the report concerning the increase in the number of nurseries for children under three and the social services activities for children and young people in general. It asks the Government to indicate in its next report whether the services for the care of children and other dependants to help workers to reconcile their employment and family responsibilities meet current demands in terms of availability, quality and accessibility and, if not, the measures taken or envisaged to meet these demands.

5. Article 6. The Committee notes from the report that the public is kept informed of Parliament's conclusions and recommendations by means of publications and the media. It none the less asks the Government to indicate (providing examples) any specific measures taken or envisaged to publicize the content of the Convention throughout the whole community, including measures to advocate the sharing of family responsibilities between men and women. In this connection, the Committee asks the Government to refer to the examples and explanations in paragraphs 90 to 95 of the above-mentioned General Survey.

6. Article 7. In its report the Government indicates that there is no discrimination against workers with family responsibilities in occupational training and further training, but that there is no special vocational guidance service for them. It asks the Government to provide information in its future reports on any specific measures expressly taken to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities. In particular, please supply information on the facilities provided for vocational training, paid educational leave, vocational guidance, counselling, or information on placement services made available to workers of both sexes who have temporarily left work in order to carry out their family responsibilities.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matter raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government's report and in particular the information supplied in reply to the Committee's previous request on the application of Article 4(a) of the Convention concerning protection against discrimination in employment on account of family responsibilities and the priority given to persons with family responsibilities on employment placement lists; Article 4(b) concerning measures in collective agreements to promote part-time work; Article 5(a) and (b) concerning provision of child-care centres and other state social security services; Article 8 concerning the existence of legal provisions to ensure that family responsibilities cannot constitute just cause for dismissal; Article 9 by communicating copies of collective bargaining agreements; and point III of the report form concerning supervision and enforcement by national authorities. It would be grateful if the Government would provide additional information in its next report on the following points.

1. Article 4(a) of the Convention. The Committee recalls the resolution on the final report of the Commission on the situation of women's employment and the integration into legislation of measures concerning equality, dated 7 September 1990. It would be grateful if the Government would continue to provide information on any measures taken or contemplated to implement the recommendations contained in section (a) of the resolution concerning the need to facilitate women's equal opportunities in the labour market.

2. Article 4(b). With respect to the provisions for parental leave contained in Act No. 40, 1981, as amended by Act No. 30, 1984, the Committee, noting that such leave periods are not counted for purposes of calculating seniority, entitlement to pension, annual leave or severance pay, requests the Government to give consideration to extending such coverage to the leave benefits and to report on any measures contemplated or taken in this regard.

3. With reference to the above-mentioned resolution on the Commission's study concerning women, the Committee, noting the measures taken to promote part-time work, requests the Government to provide information on any other measures taken to implement the recommendations, contained in section (b), concerning the need to adapt the organization of work to make it compatible with family and social responsibilities such as introducing part-time, flexible working hours and job sharing.

4. Article 5. The Committee requests the Government to continue to provide information in future reports on the measures taken to ensure that the existing child-care facilities meet the demand for such facilities in terms of availability, quality and accessibility.

5. Article 6. The Committee recalls the recommendation, contained in section (c) of the above-mentioned resolution on the Commission's study, concerning women's employment calling for the promotion of a strong and incisive campaign of sensitization on the role of women in changing society. It would be grateful if the Government would provide information on the measures taken to implement such an informational campaign, particularly with respect to the issues concerning the reconciliation of work and family responsibilities, in conformity with this provision of the Convention.

6. Article 7. The Committee requests the Government to indicate any special measures that have been taken or are contemplated which aim at enabling workers with family responsibilities to engage in guidance or vocational training schemes.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information contained in the Government's report and in particular the information supplied in reply to the Committee's previous request on the application of Article 4(a) of the Convention concerning protection against discrimination in employment on account of family responsibilities and the priority given to persons with family responsibilities on employment placement lists; Article 4(b) concerning measures in collective agreements to promote part-time work; Article 5(a) and (b) concerning provision of child-care centres and other state social security services; Article 8 concerning the existence of legal provisions to ensure that family responsibilities cannot constitute just cause for dismissal; Article 9 by communicating copies of collective bargaining agreements; and point III of the report form concerning supervision and enforcement by national authorities. It would be grateful if the Government would provide additional information in its next report on the following points.

1. Article 4(a) of the Convention. The Committee recalls the resolution on the final report of the Commission on the situation of women's employment and the integration into legislation of measures concerning equality, dated 7 September 1990. It would be grateful if the Government would continue to provide information on any measures taken or contemplated to implement the recommendations contained in section (a) of the resolution concerning the need to facilitate women's equal opportunities in the labour market.

2. Article 4(b). With respect to the provisions for parental leave contained in Act No. 40, 1981, as amended by Act No. 30, 1984, the Committee, noting that such leave periods are not counted for purposes of calculating seniority, entitlement to pension, annual leave or severance pay, requests the Government to give consideration to extending such coverage to the leave benefits and to report on any measures contemplated or taken in this regard.

3. With reference to the above-mentioned resolution on the Commission's study concerning women, the Committee, noting the measures taken to promote part-time work, requests the Government to provide information on any other measures taken to implement the recommendations, contained in section (b), concerning the need to adapt the organization of work to make it compatible with family and social responsibilities such as introducing part-time, flexible working hours and job sharing.

4. Article 5. The Committee requests the Government to continue to provide information in future reports on the measures taken to ensure that the existing child-care facilities meet the demand for such facilities in terms of availability, quality and accessibility.

5. Article 6. The Committee recalls the recommendation, contained in section (c) of the above-mentioned resolution on the Commission's study, concerning women's employment calling for the promotion of a strong and incisive campaign of sensitization on the role of women in changing society. It would be grateful if the Government would provide information on the measures taken to implement such an informational campaign, particularly with respect to the issues concerning the reconciliation of work and family responsibilities, in conformity with this provision of the Convention.

6. Article 7. The Committee requests the Government to indicate any special measures that have been taken or are contemplated which aim at enabling workers with family responsibilities to engage in guidance or vocational training schemes.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information received by the Government in its first report. It would be grateful if the Government would provide additional information in its next report on the following points:

Article 4(a) of the Convention. (a) The Committee notes from the Government's report that any act tending to discriminate against workers of either sex who have family responsibilities is forbidden by legislation and that any dismissal or other measure based on family responsiblities carried out by the employer would be declared void. It would be grateful if the Government would indicate in its next report the legislative provisions which establish such prohibitions along with copies of said texts. The Committee also notes that, according to the Government's report, the existence of family responsibilities is an advantage for the purpose of access to employment as such workers are given priority in the employment placement list pursuant to the regulation adopted by the Placement Commission on 8 February 1990. The Committee requests the Government to kindly attach a copy of this regulation to its next report.

(b) The Committee notes the adoption by Parliament of the resolution on the final report of the Commission on the study of the situation of women's employment and the integration into legislation of measures concerning equality, dated 7 September 1990. It would be grateful if the Government would provide information on any measures taken or contemplated to implement the recommendations contained in section (a) the resolution concerning the need to facilitate women's equal opportunities in the labour market.

Article 4(b). (a) The Committee notes the provisions for parental leave contained in sections 4 and 5 of Act No. 40, 1981, as amended by Act No. 30, 1984. It would be grateful if the Government would indicate in its next report whether leave taken pursuant to said provisions count as periods worked for purposes of calculating seniority, entitlement to pension or other social security benefits, annual leave, holiday allowance or severance pay in case of dismissal.

(b) With reference to the resolution adopted by Parliament on the Commission's study concerning women, the Committee would be grateful if the Government would provide information on any measures taken or contemplated to implement the recommendations, contained in section (b), concerning the need to adapt the organisation of work to make it compatible with family and social responsibilities such as introducing part-time, flexible working hours and job sharing. Please also indicate in future reports any measures taken or contemplated to make such provisions available to men as well as women workers.

Article 5. (a) Please indicate how account is taken of the needs of workers with family responsibilities in community planning in your country.

(b) The Committee notes the information contained in the report concerning the provision of child-care centres. It kindly requests the Government to provide information, including statistics, on the extent to which the presently existing child-care facilities meet the demand for such facilities and if they do not whether measures are being taken or are contemplated to attempt to satisfy this demand. The Committee would also be grateful if the Government would provide further information including regulations concerning the state social security services available for workers who are responsible for elderly and handicapped family members.

Article 6. The Committee notes the recommendation contained in section (c) of the resolution on the final report of the Committee on the study of the situation of women, calling for the promotion of a strong and incisive campaign of sensitisation on the role of women in the changing society. It would be grateful if the Government would provide information on the measures taken or comtemplated to implement such an informational campaign and the results achieved.

Article 7. Please indicate the measures that have been taken or are contemplated to enable workers with family responsibilities to engage in guidance or vocational training schemes.

Article 8. Please indicate measures taken to ensure that family responsibilities cannot constitute "just cause" for dismissal from employment.

Article 9. Please supply copies of any provisions in collective bargaining agreements, if available, which would assist workers in reconciling their work and family responsibilities.

Point III of the report form. Please indicate the methods used by the national authorities mentioned in the Government's first report to supervise and enforce the legislative and other provisions which apply the Convention.